Legislative & Executive Power

Question 1

What is Commerce Power?

Answer 1

power to regulate channels, instrumentalities, any activity that substantial affects interstate commrece

Question 2

What is creates a substantial affect on interstate commerce?

Answer 2

aggreggation: even if no direct economic impact on interstate commerce congress can still regulate as long as therre is rational basis for concluding that the total incidence of activty affect commerce

selling weed in your back yard

Question 3

Tax Power

Answer 3

upheld if there is a reasonable relationship to revenue production

plenary power to impose taxes and raise revenue

Question 4

spending power

Answer 4

congress has the power to spend for the general welfare

Question 5

What are congress war and defense powers?

Answer 5

declare ware, raise and support armies, provided maintain a navy

Question 6

What is anti commandeering?

Answer 6

prohibits congress from forcing the state to adopt or enforce regulatory programs under the 10th amendment

EX: congress requiring state health officials to do something

Question 7

What is the scope of congress power to enforce regulatory programs?

Answer 7

congress can bribe states through use of spending or
adopt its own regulatory program and enforce through federal officers

Question 8

Can congress legislate against public or private institutions?

Answer 8

yes if racial discrimination

Question 9

What are powers of president

Answer 9

pardon for federal offenses
veto power
appointment and removal of officials
commander in chief over foreign affairs
exclusive power negotiate treaties (approved by senate)
executive agreement without senate approval

Question 10

What are congress powers to limit the president?

Answer 10

impeach
appropriation ( mandates exenditres of funds)

Question 11

Can congress impose a legislative veto for an executive action?

Answer 11

no, its unconstitutional

Question 12

What powers may congress delegate?

Answer 12

incidental power only (like rule making)

Question 13

How should congress delegate their power?

Answer 13

need clear statement about policy, agency to carry it out, and scope of their authority

Question 14

What type of immunity does a judge have?

Answer 14

absolute immunity for ciivl liability for damages from judicial acts

Question 15

What immunity does the legislature have

Answer 15

no criminal or civil liability for statement made during legislative process

Question 16

What privilege does the executive have?

Answer 16

executive privilege w/ respect to disclosure of confidential information and immunity for acts under their official responsibilities

Question 17

What does Militia Clause permit?

Answer 17

Congress has power to authorize president to call national guard into action without approval or state government

This allows execution of federal laws, suppress insurrections or repeal invasions

Question 18

Can congress impose tarrifs on imported goods?

Answer 18

yes from the commerce clause becuase they have plenary authority to regulate foreign commerce

Question 19

What is scope of congress tax and spend power?

Answer 19

congress has broad power to tax and spend for general welfare but they can never impose taxes on exported goods or services

EX: Congress attempted to tax exported military goods

Question 20

Can congress expand the 14th Amendment equal protection power?

Answer 20

can enforce these rights but can not expand or limit them

EX: congress creates a statute that protects religious minorities but religious minorities aren’t protected class

Question 21

What does the 13th amendment give congress the power to do?

Answer 21

adopt legislation that rationally related to eliminate badges or incidents of slavery.

regulate both private and gov. action

Question 22

Can congress use their commerce power to make individuals engage in commerce?

Answer 22

no

Question 23

What is the scope of international taxation?

Answer 23

Congress, the state can not impose international tax

EX: florida imposes international tax on the sale

Question 24

What is direct taxing power?

Answer 24

taxes on persons or property, payment can’t be avoided

allowed if apportioned among states and reasonable related to revenue production

Question 25

What are indirect taxes?

Answer 25

goods or transaction

allowed if identical to states, and reasonable related to revenue production

Question 26

what are export taxes?

Answer 26

taxes on goods or services leaving the country not allowed